4.3.1.4 BIRTH ON A SHIP OR AIRCRAFT
The 1961 Convention Article 3 provides that birth on a ship or in an aircraft “shall be deemed to have taken
place in the territory of the State whose flag the ship flies or in the territory of the State in which the aircraft is
registered, as the case may be.” The Lithuanian Law on Citizenship includes no provisions addressing births
aboard Lithuanian-flagged ships or aircrafts. However, Migration Department staff assured the researcher
that such births would be considered to have taken place on the territory of Lithuania.
4.3.2 Avoidance of statelessness upon change in civil status
Article 5(1) of the 1961 Convention provides:
1.
If the law of a Contracting State entails loss of nationality as a consequence of any change in the
personal status of a person such as marriage, termination of marriage, legitimation, recognition or
adoption, such loss shall be conditional upon possession or acquisition of another nationality.
Lithuania has strong safeguards for preservation of Lithuanian citizenship in the event of changes in personal
status. The law is gender-neutral and Lithuanian citizens will not lose their citizenship upon marriage to a
citizen of another country. Nor will a Lithuanian citizen, who acquired citizenship by virtue of marriage to a
Lithuanian, lose this citizenship upon divorce or if the Lithuanian spouse changes his or her citizenship.336 If,
upon marriage with a foreigner, a Lithuanian citizen acquires another country’s citizenship ipso facto, he or
she is allowed to maintain both citizenships.337
4.3.3 Avoidance of statelessness in the context of renunciation of nationality
Articles 7, 8, and 9 of the 1961 Convention contain detailed provisions governing the loss, renunciation,
and deprivation of nationality. Article 7(1) generally prevents State Parties from permitting renunciation of
nationality “unless the person concerned possesses or acquires another nationality.” Article 7(2) contains
a similar safeguard against statelessness applicable in situations where the person concerned is seeking
naturalization in a foreign country. Article 7(3) establishes safeguards against statelessness for nationals
abroad.
Citizens of Lithuania are permitted to renounce their citizenship.338 Article 25 of the Law on Citizenship
provides that an application for renunciation will not be considered if the renunciation would render the
person stateless.339 However, in practice, problems may arise. Cases of deprivation or renunciation of
citizenship are reviewed by the Minister of the Interior.
76
336
Article 3(6) of the Law on Citizenship.
337
Article 7(5) of the Law on Citizenship.
338
Under Article 25(1) of the Law on Citizenship, this right generally may not be restricted. However, an application for renunciation
will not be considered if the applicant is suspected or accused of a criminal act or if there is an effective and enforceable court
judgment.
339
Article 25 of the Law on Citizenship.
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